Morning journal and courier., 1887-07-13

fense from a jury because she was weak woman, and the same consideration ought to be given to this young ignorant boy. Re- member this one simple fact that he did not intend to kill this woman and if he did not, then he should not suffer the extreme penalty of the law.
 MT. Asher's plea was generally conceded to be strong one, it being his maiden effort before the Superior court. After the noon recess Judge Blydenburgh made the closing referred to the painful duty a juryman had to fulfill in sitting uyon such case as that of young Chamberlain.
 "He is not your boy nor mine, but some one has watched him from the cradle until now, and loved him as you love yours," said he, land yet lack of proper training in his early years has brought him to this predica- ment. charge you, as God is just, to think of these facts when you go into that jury room. We have asked his honor to charge that you must find by which means the wo- man died, and upon those counts in the in dictment which are not proved you must return 8 verdict of not guilty. h my exper- fence have found that it is useless to say to an intelligent jury anything that the proof does not warrant.
 It is the first time have known 8 trial for murder to follow so closely on the commis- sion of the crime. It is difficult to dispel the prejudice aroused by such a crime so
 
 you to put aside all prejudice and have no fear of this young man meeting his death at your hands. The question is of the construc- tion of the statutes on murder and you are the judges of the law as well as the facts in this case. say when man goes beyond the justice of God in punishing a man for what he did not intend it is a crime as we'll in the jury box as elsewhere. If there was not intent to take life in this case then it is manslaughter and not murder in either first or second degree. The State of Connecticut has added these words recognizing the right of jurors to be merciful as we'll as just that they can find person guilty of crime of lesser degree, even if he is charged with the higher crime. Even the State cannot claim that these boys meant to kill that old wo- man. But the State attorney strives to try this case as if he were trying it under the law of New York where the statute provides that any killing perpetrated in the commis- sion murder in the first degree. I regret that that he has attempted to strain this statute so as to include homicide under the term of murder" Attorney Blydenburgh ex- plained at great length the points of law bearing on the case and closed in touching appeal for mercy for the accused.
 States Attorney Doolittle made the clos ing argument. He was speaking but for a short while when 8 short recess was taken, after which he resumed, quoting frequently from the statutes. There need not be intent to wreak vengeance, If I should have shot into the Monument day procession and killed 2. man without any evil design it would have been murder. 4
 When he applied those handkerchiefs and wound those sheets about her and shut of her breath it was an act done with an evil design, and when her breath was shut of it was murder. There is no question but that the murder was committed in the act of robbery. Many murder is committed in